Provisions on official residences, repayment of expenses, daily allowances and compensation for travel expenses of the members of the Federal Government

Unofficial table of contents

BRegdefBest

Date of completion: 10.11.1953

Full quote:

" Provisions relating to official residences, repayment of expenses, daily allowances and compensation for travel expenses of the members of the Federal Government in the revised version published in the Bundesgesetzblatt, Part III, outline number 1103-1-1, the most recently, Article 8 (1) of the Law of 19 June 2001 (BGBl. I, p. 1149)

Status:

Last amended by Art. 8 (1) G v. 19.6.2001 I 1149

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.9.1978 + + +) Unofficial table of contents

Input formula

Pursuant to Section 12 (5) of the Law on the Legal Conditions of the Members of the Federal Government (Bundesministergesetz) of 17 June 1953 (Bundesgesetzbl. 407), the following provisions shall be adopted after the President of the Federal Court of Auditors has expressed its opinion:

I.
Residence

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§ 1

(1) Headquarters are flats in buildings owned by the Federal Government, rented or otherwise occupied by the Federal Government, which are intended as flats of the members of the Federal Government, and with regard to their status and obligations for these buildings. For the purposes of the present invention. The official residence of the Federal Chancellor is to be provided on federal costs in accordance with the existing budgetary resources with furnishings which are considered to be accessories of the official residence. If an official residence is assigned to a Federal Minister, it may be provided on federal costs in accordance with the existing budget with furnishings which are considered as accessories of the official residence. (2) If the official apartments are free, they shall be: to assign them to the federal government. If the official residences are inhabited by federal ministers, whose terms of office have ended, they will be assigned to the newly appointed Federal Ministers as soon as they have been cleared by the predecessor. If the newly appointed member of the Federal Government is unable to obtain the official residence for special reasons or if he cannot be admitted to the situation of the individual case, it may be exempted from the transfer of the official residence upon his request. If a request for exemption is not submitted within one month after the assignment, the allocation of the official residence shall be deemed to have been accepted. At the end of a further month, the official residence shall be deemed to have been received unless it has already been used in advance. An exemption from the movement of the official residence does not preclude the occasional use of the representation rooms for representation purposes. (3) If a Federal Minister has been exempted from the drawing of the official residence in accordance with paragraph 2, the following may be granted in the following: shall be provided with at most two rooms in accordance with the third sentence of paragraph 1, on his own home or in his apartment on request. The rent for these rooms is borne by the Federal Minister. Unofficial table of contents

§ 2

(1) If an official residence is not available in a federal building for a Federal Minister or is not available in another Federal Ministry, he may, at his request, also have a different dwelling at his official residence as a office for the duration of his term of office. An approximately existing lease is to be attached to the application for the allocation of the apartment as an official residence. (2) If a Federal Minister is assigned another apartment in accordance with paragraph 1 as an official residence, the apartment shall lose this property three months after the date of the contract. the end of the month in which the Federal Minister leaves the office. (3) If an official residence is rented by the Federal Government for a Federal Minister, a three-month notice of termination at the end of the month is to be agreed in the rental agreement. In the case of the dismissal of the Federal Minister from his office, the dismissal is to be pronounced immediately. Unofficial table of contents

§ 3

(1) An official residence may only be allocated in an undivided form. (2) The owner of the apartment is not entitled to leave the official residence in whole or in part to another person or to rent it. This does not affect your use for service purposes. Unofficial table of contents

§ 4

(1) All charges and benefits payable under Section 535 (1) sentence 3 of the Civil Code and in accordance with these provisions shall be awarded to the local surcharge withheld for the use of an official residence pursuant to Section 12 (1) of the Federal Ministers ' Act. (2) The payment of the local surcharge ceases to be

a)

in general with the date on which the assigned official residence is in use or in accordance with § 1 (2) as referred to;

b)

in the event that a Federal Minister is assigned as an official residence to the apartment he held when he was appointed, the day on which he/she will be notified of his/her apartment's declaration on the official residence.

(3) The payment of the local surcharge shall be resumed in accordance with Section 14 of the Federal Ministers ' Act

a)

in general with the date of eviction of the official residence;

b)

in the case of section 2 (2) and section 4 (4) with the expiry of the time limits specified therein.

(4) If, after termination of the term of office, the official residence (§ 1 para. 1 and § 2 para. 2) is not or only partially cleared for special reasons until the expiration of the period of three months provided for in § 12 para. 2 of the Federal Minister's Law, such are from there, without a rental agreement with the retired member of the federal government being concluded, for the apartment or for the further used rooms housing remuneration and secondary charges, which according to § § 557 to 560 of the civil Legal code is calculated. Spaces of representation in official residences shall be made available to the Federal Government immediately after the termination of the term of office. If the official residence is also equipped with domestic furnishings in the residential, sleeping and economic areas, it is to be charged an annual fee of 10 per cent of the cost of the acquisition, including the cost of the installation. An appropriate value for use is to be estimated for items of special interest or antiquity value. Unusable or heavily used items of equipment which are no longer eligible for the furnishing of official residences shall be removed and used for service purposes or divailed for service purposes. The total amount of the fees to be paid annually may not exceed 20 per cent of the local surcharge in general. The fees shall be paid for the same period and in the same manner as the housing remuneration. The owner is responsible for the maintenance, cleaning and supplementing of the rented equipment. (5) If rooms have been furnished in their own or in the apartment of a Federal Minister of Finance pursuant to § 1 (3) (3), then the following shall be: Termination of the term of office according to § 9 of the German Federal Ministry of Foreign Affairs (Bundesministergesetz) to return the federal furnishings to the federal government until the end of the month following the end of the month. Unofficial table of contents

§ 5

The official apartments are to be managed and managed according to the regulations of the facility.

II.
Repayment of compensation

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§ 6

(1) The members of the Federal Government shall be subject to a compensation for compensation in accordance with § § § 4 to 10, 14 of the Federal Law on the Environment of the Federal Republic of Germany of 8 April 1964 (Bundesgesetzbl, Federal Law Gazette) for the retraction required as a result of their appointment. 253). In this case, the highest travel cost level and tariff class are to be assumed. The reimbursement of expenses in accordance with § § 6 to 8, 10, 14 of the Federal Law on the Law of Relocation requires the approval of the Federal Minister of the Interior. (2) Paragraph 1 shall apply for a move from the office of a member of the Federal Government. accordingly, if the move is carried out no later than two years after that date. In the event of a move to foreign countries, the compensation for the removal of costs is granted only to the border station or to the port of the Inland. (3) Paragraph 2 also applies to survivors within the meaning of Section 1 (2) of the Federal Law on Covenance of Covenance. Unofficial table of contents

§ 7

If a Federal Minister, who receives compensation pursuant to Article 11 (1) (d) of the Federal Minister's Law for the continuation of his/her own house in the former place of residence, cannot be assigned an official residence, so that he/she has a private apartment In order to ensure the necessary repair of the property, neither the landlord nor the landlord is obliged or is in a position to do so, the apartment is to be placed in an appropriate amount of federal funds. However, the landlord and the owner of the housing must together bear at least a quarter of the necessary maintenance costs themselves. Unofficial table of contents

§ § 8 and 9 (omitted)

III.
Daily allowances and compensation for travel expenses

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§ 10

(1) The members of the Federal Government shall receive, in the case of official activity outside their official residence, daily allowances and compensation for the costs of their travel expenses, and shall also be reimbursed for the costs of accommodation. As an official activity, travel which is required as a result of the service or the exit from the official relationship shall also apply. (2) The daily allowance shall be for domestic use.

a)

in the case of official activity outside the official residence, which does not claim more than one full calendar day, 37 Deutsche Mark,

b)

for several days of official activity outside of the official residence for the full calendar day 55 Deutsche Mark.

§ 9 para. 3, § 12 (1), § § 14, 15 and 19 of the Federal Travel Cost Act as amended by the Notice of 13 November 1973 (BGBl. 1621), as last amended by the Regulation of 23 December 1977 (BGBl I). 3155), apply accordingly. (3) If a foreign official activity has been shown to require extraordinary expenses for food, which could not be covered by the total amount of the daily allowances, compensation shall be paid in its place of compensation. at the level of unavoidable expenditure. (4) The compensation for travel expenses shall be the replacement of the cost of the costs incurred, including the cost of trains subject to surcharge, and the costs for the carriage of luggage, for access to and from the baggage allowance, Departure to and from the means of transport and other necessary additional costs. In the case of the use of aircraft, the adult outlays will be reimbursed. Unofficial table of contents

§ 11

In the case of official activities abroad, the relevant provisions applicable to the federal civil servants of the highest travel cost level shall apply accordingly.

IV.
General

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§ 12

(1) Decisions pursuant to Section 1 (2), (3) and (2) (1) shall be taken by the Federal Chancellor in consultation with the Federal Minister of the Interior, in so far as the Federal Minister is not concerned. (2) If there are doubts as to the application of these provisions, the following shall be taken into account: Federal Minister of the Interior to be associated. Unofficial table of contents

§ 13

(1) These provisions shall enter into force with effect from 1 April 1953. (2) Unofficial table of contents

Final formula

The Federal Minister for Finance